Intellectual Property Law

'This Book May Not Be Sold'

By Marty Schwimmer

WSJ.com: "As Textbooks Go 'Custom.' Students Pay:

The spiral-bound book is nearly identical to the same "A Writer's Reference" that goes for $30 in the used-book market and costs about $54 new. The only difference in the Alabama version: a 32-page section describing the school's writing program -- which is available for free on the university's Web site. This version also has the University of Alabama's name printed across the top of the front cover, and a notice on the back that reads: "This book may not be bought or sold used."

Discuss.

UPDATE: Click on 'comment' to view the thread. This would appear to be one of the more hot-button posts since I instituted comments. I guess the question narrows to: Under what circumstances can a copyright owner distribute a copyrighted work and impose restrictions upon the recipient such that first-sale doctrine would not apply. One example would be distribution of a work pursuant to a NDA.

Full post as published by Trademark Blog on July 10, 2008 (boomark / email).